JUDGMENT - A.V. SAVANT, J. :--Heard both the learned Counsel, Shri Naphade for the appellant (original defendant) and Shri Thorat for the respondents (original plaintiffs).

2. This appeal is against the Order dated 23rd March, 1995 passed by the learned Single Judge in Civil Application No. 349 of 1995 in a pending Appeal from Order No. 93 of 1995. Appeal from Order No. 93 of 1995 was admitted on the 7th February, 1995 and in Civil Application No. 349 of 1995 interim relief in terms of prayers (a) and (b) was granted on the same day and the same was made absolute by disposing of the Civil Application on 23rd March, 1995. Thus, the appeal is against the order granting interim relief in a pending appeal from order, which appeal is admittedly under section 104 read with Order XLIII, Rule 1(r) of the Code of Civil Procedure. A few facts necessary for the disposal of this appeal may be stated as under.

3. Respondent No. 1 Bombay Diocesan Trust Association Pvt. Ltd. is a Company incorporated under the Companies Act, 1956 and is also a Trust registered under the Bombay Public Trust Act, 1950. There are 15 elected directors/trustees on the Board. The appellant Robert Punaji Salvi was the for

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